Can I still use form i-485 if my authorized stay has expired? I'm filing form I-130. I'm married to a US citizen.

Asked 8 months ago - Panama City, FL

My visa expired in February 2008, can I still use the I-485, I filled it up but then I read you can not use it if your authorized stay has expired before you filed petition I-485.

I'm filing it along with a I-130 petition.


Thanks.

Additional information

I came here with J1 VISA

If so, should I send a money order for $985 and then one more for $85 for the I-485 form? or together in one (money orders are up to $1,000 so = one for $1,000 and another one for $70 )

Also, which forms do we need to file and send the first time?
What supporting documentation must be sent with them?

Any extra advice?

Attorney answers (3)

  1. Alexander Joseph Segal

    Contributor Level 20

    3

    Lawyers agree

    Answered . That depends on your expired status in the USA.

    The information contained in this answer is provided for informational purposes only, and should not be construed... more
  2. Gunda Johanna Brost

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    1

    Answered . Yes, any out of status stay would be deemed 'forgiven' for this type of immediate relative petition through a U.S. citizen spouse. It is always best to have an immigration attorney represent you in any and all immigration-related matters.

    Gunda J. Brost Brost Law Office This advice does not form an attorney-client relationship and is merely... more
  3. Ksenia Alexandrovna Maiorova

    Contributor Level 16

    Answered . If you entered on a J-1 visa that is subject to the "2-year rule," your case becomes a little more complicated. If your spouse is a US citizen, your unauthorized presence will be forgiven. You will need additional forms in order to make your adjustment of status packet complete. I would recommend that you meet with an immigration attorney to discuss specifics.

    Answers provided by Ksenia Maiorova, Esq. on Avvo.com are of a general nature and do not constitute legal advice.

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